The Issues:
What is
a constitution? What purposes does the Constitution of the United
States
serve?

Introduction

I find the
study of constitutional
law to be immensely interesting. It concerns some of the most
fundamental
questions about the nature of our government and our society. In
its text and caselaw, constitutional law reveals the path of our
history,
from the drafting of the Constitution in 1787 through the adoption of
the
important 13th, 14th, and 15th amendments following the Civil War,
through
the desegregation battles of the 1950s and 1960s, to our confrontation
of the perplexing issues of today such as regulation of the Internet
and
euthanasia. Constitutional law, it its baffling complexity, is a
reflection
of our deepest values, our political conflict, and our nation's moral
trajectory.

I understand,
however,
from years of teaching that constitutional law is not every student's
cup
of tea. Some students become frustrated with its
"fuzziness."
Yes, it is fuzzy--and one cannot take a clear picture of a fuzzy
object.
There are relatively few clear answers in constitutional law (and those
that are clear--e.g., "Can a 27-year-old be elected President?"--tend
not
to be very significant to lawyers). The indefiniteness of
constitutional
law is a function of many things, including: (1) a text that is the
product
of long gone eras, (2) a text that in many cases (e.g, "due process of
law," "equal protection of the laws") was intentionally vague to
accomodate
the needs of a changing society, and (3) important (and often
emotional)
issues that tend to bring the values and politics of judges into play
more
than in other areas of law, where judges are more likely to think of
their
judging as an intellectual exercise or puzzle.

To students
looking for
clear rules, I say, "Stop looking." What is important is to
understand
is not so much answers as it is approaches and questions. Learn
the
sources that judges might rely upon to guide their constitutional
interpretation
(text of Constitution, intentions of framers, case precedent, policy
consequences
of alternative interpretations). Learn how judges are likely to
weigh
these various guides in various contexts. Understand historical
trends
and understand that judges are ultimately affected by the same economic
and social forces as society as a whole. With a solid knowledge
of
these things, students will be able to make intelligent and potentially
convincing arguments--and make reasonable predictions about the
likelihood
of their arguments being successful in an actual case involving the
same
issues.

History of the
Constitution

No person played a greater role in that history than the man pictured
above,
James Madison. Madison not only prepared the draft that set
the framework for debate at the 1787 Constitutional Convention in
Philadelphia,
but also became the principal drafter of the Bill of Rights. To
read
about the Constitution's early history, jump to: History.

Instapoll QuestionsFor fun only: do not look
up answers in advance of classTo participate in the poll, go to this url:www.cali.org/instapoll

Read the Constitution
of the United States. As you read it, identify those
provisions
which perform each of the following functions: (1) set up the machinery
of the national government; (2) confer power
on one of the three
branches
of the national government; (3) confer power on state governments; (4)
limit the power of the national government; (5) limit the power of
state
governments; (6) limit the power of private individuals.

1. Did you find provisions that fit into each of the
six categories
listed above?2. What seem to be the predominant purposes of the
United
States Constitution?

Additional Questions for Class Discussion

1. What is a constitution? How many constitutions
are there
in the United States? Does every country have a
constitution?
Do cities and counties have constitutions? Do private
organizations
sometimes have constitutions?2. How is constitutional law different from statutory
law,
administrative law, and common law? (Think about differences in
how
each form of law is made, how it is interpreted, how it might be
changed,
and what subject matter it is likely to cover.)A3. What benefits come from a nation having a written
constitution?A4. Are there disadvantages in having a written
constitution
such as ours? If so, what might they be? A

Supreme Court

Soon you will begin reading decisions of the United States Supreme
Court. If you wish to begin familiarizing yourself with the
operation of this
remarkable (and sometimes controversial) institution and the justices
who have sat on it, jump to: Supreme
Court.